(a)
Purpose and Policy.
(1)
The purpose of this chapter is to facilitate the maximum beneficial
public use of the city's sewer services and facilities while
preventing blockages of the sewer facilities resulting from discharges
of fats, oils and grease ("FOG") to sewer facilities,
and to specify appropriate FOG discharge requirements for Food Service
Establishments.
(2)
This chapter shall be interpreted in accordance with the definitions
set forth in subsection (b) of this section. The provisions of this
chapter shall apply to the discharge of all wastewater or waste containing
FOG which is or may be carried to the sewer facilities of the city.
(3)
To comply with federal, state, and local policies and to allow the
city to meet applicable standards, provisions are made in this chapter
for the regulation of discharges of wastewater or waste containing
FOG to sewer facilities.
(4)
This chapter establishes standards on all wastewater and/or waste
discharges from food service establishments containing FOG, which
may alone or collectively cause or contribute to FOG accumulation
in the sewer facilities causing or potentially causing or contributing
to the occurrence of sewer system overflows ("SSOs").
(b)
Definitions.
(1)
Unless otherwise defined in this chapter, terms related to water
quality shall be as adopted in the latest edition of Standard Methods
for Examination of Water and Wastewater, published by the American
Public Health Association, the American Water Works Association and
the Water Environment Federation. The testing procedures for waste
constituents and characteristics shall be as provided in 40 CFR 136
(Code of Federal Regulations).
(2)
Other terms not specifically defined in this chapter shall have the
same definition as set forth in the latest adopted editions of the
California Codes of Regulations applicable to building construction
adopted pursuant to the California Building Standards Law.
(3)
"Best management practices"
"Change in operations"
"City"
"City administrator"
"City council"
"Composite sample"
"Discharger"
"Effluent"
"Fats, oils, and grease ("FOG")"
"FOG control program"
"FOG control program manager"
"FOG wastewater discharge permit"
"Food grinder"
"Food service establishment"
"Grab sample"
"Grease control device"
"Grease disposal mitigation fee"
"Grease interceptor"
"Grease trap"
"Hot spots"
"Infiltration"
"Inflow"
"Inspector"
"Interceptor"
"Interference"
"Limited food preparation establishment"
"Manifest"
"New construction"
"Permittee"
"Person"
"Public agency"
"Public sewer"
"Regulatory agencies"
a.
b.
c.
d.
e.
"Remodeling"
"Sample point"
"Sampling facilities"
"Sewage"
"Sewer facilities or system"
"Sewer lateral"
"Sludge"
"Twenty-five percent rule"
"User"
"Waste"
"Waste minimization practices"
"Wastehauler"
"Wastewater"
"Wastewater constituents and characteristics"
Subject to the foregoing provisions, the following definitions shall
apply in these regulations:
means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG to the sewer facilities as more specifically provided for in Section 16.24.040(e) of these regulations.
means any change in the ownership, food types, operational
procedures or business practices that have the potential to increase
the amount of FOG generated and/or discharged by food service establishments
in an amount that alone or in conjunction with other FOG discharges
causes or creates a potential for SSOs to occur.
means the city of Placentia.
means the city administrator of the city of Placentia or
designee.
means the city council of the city of Placentia.
means a collection of individual samples obtained at selected
intervals based on an increment of either flow or time. The resulting
mixture (composite sample) forms a representative sample of the waste
stream discharged during the sample period.
means any person who discharges or causes a discharge of
wastewater or waste directly or indirectly to the sewer facilities.
Discharger means the same as user.
means any liquid outflow from a food service establishment
that is discharged to the sewer facilities.
means any substance such as a vegetable or animal product
that is used in, or is a by-product of, the cooking or food preparation
process, and that turns or may turn viscous or solidifies or may solidify
with a change in temperature or due to other conditions. Discharges
of FOG to the sewer system from a food service establishment constitute
the discharge of industrial waste.
means the FOG control program required by and developed pursuant
to RWQCB Order No. R8-2002-0014, Section (c)(12)(viii).
means the individual designated by the city to administer
the FOG control program. Except as otherwise set forth in this chapter,
the FOG control program manager is responsible for all determinations
of compliance with the FOG control program.
means a permit issued by the city subject to the requirements
and conditions established by the city authorizing the permittee to
discharge wastewater into the city's sewer facilities or into
sewer facilities which ultimately discharge into a city sewer facility.
means any device installed for the purpose of grinding food
waste or food preparation by-products for disposal to the sewer system.
means facilities defined in California Uniform Retail Food
Service Establishments Law (CURFFL), California Health and Safety
Code Section 113785, and any commercial entity discharging directly
or indirectly to the city's sewer system, operating in a permanently
constructed structure such as a room, building, or place, or portion
thereof, maintained, used, or operated for the purpose of storing,
preparing, serving, manufacturing, packaging, or otherwise handling
food for sale to other entities, or for consumption by the public,
its members or employees, and which has any process or device that
uses or produces FOG, or grease vapors, steam, fumes, smoke or odors
that are required to be removed by a Type I or Type II hood.
means a sample taken from a waste stream on a one-time basis
without regard to the flow in the waste stream and without consideration
of time.
means any grease interceptor, grease trap or other mechanism,
device, or process, which attaches to, or is applied to, wastewater
plumbing fixtures and lines, the purpose of which is to trap, collect
or treat FOG prior to discharge into the sewer system. "Grease
control device" may also include any other proven method to
reduce FOG subject to the approval of the city.
means a fee charged to an owner and/or operator of a food
service establishment when there are physical limitations to the property
that make the installation of a grease interceptor or grease control
device for the food service establishment, impossible or impracticable.
The grease disposal mitigation fee is intended to cover the costs
of increased maintenance of the sewer system for inspection and removal
of FOG and other viscous or solidifying agents that a properly employed
grease control device would otherwise prevent from entering the sewer
system.
means a multi-compartment device that is constructed in different
sizes and is generally required to be located, according to the California
Plumbing Code, underground between a food service establishment and
the connection to the sewer system. These devices primarily use gravity
to separate FOG from the wastewater as it moves from one compartment
to the next. These devices must be cleaned, maintained, and have the
FOG removed and disposed of in a proper manner on regular intervals
to be effective.
means a grease control device that is used to serve individual
fixtures and have limited effect and should only be used in those
cases where the use of a grease interceptor or other grease control
device is determined to be impossible or impracticable.
means areas in sewer lines that have experienced sanitary
sewer overflows or that must be cleaned or maintained frequently to
avoid blockages of sewer system.
means water entering the sewer system from the ground through
such means as defective pipes, pipe joints, connections or manhole
walls.
means stormwater or urban runoff which enters the sewer system.
Inflow may, in certain circumstances, cause a rapid increase in wastewater
flows.
means a person authorized by the city to inspect any existing
or proposed wastewater or waste generation, conveyance, processing
and/or disposal facilities.
means a grease interceptor.
means any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the city's sewer system, collection processes or operations; or is a cause of violation of Chapter 16.04 of this code.
means an establishment engaged only in reheating, hot holding
or assembling of ready-to-eat (precooked and prepackaged) food products,
from which establishment there is only a de minimus discharge of FOG
to the sewer system. A limited food service preparation establishment
is not considered a food service establishment under this chapter.
A limited food preparation establishment does not include any preparation
that changes the form, flavor or consistency of food. Any person who
contends that he/she/it meets the definition of a limited food preparation
establishment shall have the burden to establish that he/she/it meets
the criteria set forth in this definition.
means that receipt to be retained by the generator of wastes
for disposing of recyclable wastes or other liquid or solid wastes
as required by the city or a regulatory agency.
means any structure planned or under construction for which
a sewer connection permit has not been issued.
means a person who has received from the city a permit to
discharge wastewater into the city's sewer facilities subject
to the requirements and conditions established by the city.
means any individual, partnership, firm, association, corporation
or public agency, including the state of California and the United
States of America.
means the state of California and/or any city, county, special
city, other local governmental authority or public body of or within
this state.
means a sewer owned and operated by the city or by another
local public agency, which sewer is tributary to the city's
sewer facilities.
means those agencies having regulatory jurisdiction over
environmental quality matters, including, but not limited to:
United States Environmental Protection Agency, Region IX, San
Francisco and Washington, DC (EPA);
California State Water Resources Control Board (SWRCB);
California Regional Water Quality Control Board, Santa Ana Region
(RWQCB);
South Coast Air Quality Management City (SCAQMD);
California Department of Health Services (DOHS).
means a physical or operational change (a) causing an increase
in the amount of FOG discharged to the sewer system by a food service
establishment which amount, alone or in conjunction with other FOG
discharges, causes or creates a potential for an SSO to occur; or
(b) exceeding a cost of $50,000 to a food service establishment, requiring
a building permit, and involving any one or combination of the following:
(1) under slab plumbing in the food processing area, (2) a 30% increase
in the net public seating area, (3) a 30% increase in the size of
the kitchen area, or (4) any change in the size or type of food preparation
equipment.
means a location approved by the city, from which industrial
wastewater can be collected that is representative in content and
consistency of the entire flow of industrial wastewater being discharged
to the sewer system.
means structure(s) provided at the user's expense for
the city or user to measure and record wastewater constituent mass
concentrations, collect a representative sample, or provide access
to plug or terminate the discharge to the sewer system.
means wastewater.
means any and all facilities used for collection, conveyance,
pumping, treatment, reclamation, reuse and/or disposal of wastewater
and/or sludge.
means a building sewer as defined in the latest edition of
the California Plumbing Code. It is the wastewater connection between
a building's wastewater facilities and a public sewer system.
means any solid, semi-solid or liquid decant, subnate or
supernate from a manufacturing process, utility service or pretreatment
facility.
means requirement for grease interceptors to be maintained
such that the combined FOG and solids accumulation does not exceed
25% of the design hydraulic depth of the grease interceptor. This
is to ensure that the minimum hydraulic retention time and required
available hydraulic volume is maintained to effectively intercept
and retain FOG prior to entry into the public sewer system.
means any person who discharges or causes a discharge of
wastewater or waste directly or indirectly to sewer facilities. User
means the same as discharger.
means sewage and any and all other waste substances, liquid,
solid, gaseous or radioactive, associated with human habitation or
of human or animal nature, including such wastes placed within containers
of whatever nature prior to and for the purpose of disposal.
means plans or programs intended to reduce or eliminate discharges
to the sewer system or to conserve water, including, but not limited
to, product substitutions, housekeeping practices, inventory control,
employee education, and other steps as necessary to minimize waste
or wastewater produced.
means any person carrying on or engaging in vehicular transport
of waste as part of, or incidental to, any business for that purpose.
means the liquid and water-carried wastes of the community
and all constituents thereof, whether treated or untreated, discharged,
directly or indirectly, into the sewer system.
means the individual chemical, physical and bacteriological
parameters, including volume and flow rate, and such other parameters
that serve to define, classify or measure the quality and quantity
of wastewater.
(4)
Words used in these regulations in the singular may include the plural
and the plural the singular. Use of masculine means feminine and use
of feminine means masculine. Shall is mandatory; may is permissive
or discretionary.
(Ord. O-2004-07 § 1, 2004)
(a)
FOG Discharge Limitation. No food service establishment shall discharge
or cause to be discharged into the sewer system FOG that may accumulate
and/or cause or contribute to blockages in the sewer system, including
the sewer lateral which connects the food service establishment to
the public sewer system.
(b)
Prohibitions. The following prohibitions shall apply to all food
service establishments:
(1)
Installation of food grinders in new constructions of food service
establishments shall be prohibited. Furthermore, all food grinders
shall be removed from all existing food service establishments within
180 days of the effective date of these regulations, except when expressly
allowed by the FOG control program manager pursuant to the applicable
provisions of the latest edition of the California Plumbing Code.
(2)
Introduction of any additives into a food service establishment's
wastewater system for the purpose of emulsifying FOG is prohibited,
unless a specific written authorization from the FOG control program
manager is obtained based upon evidence showing that such additives
will not cause or contribute to interference and/or a sewer system
overflow.
(3)
Discharge of waste cooking oil, directly or indirectly, into the
drainage pipes and/or the sewer system is prohibited. All waste cooking
oils shall be collected and stored properly in receptacles such as
barrels or drums for recycling or other acceptable methods of disposal.
(4)
Discharge of wastewater from dishwashers to any grease trap or grease
interceptor is prohibited.
(5)
Discharge of wastewater with temperatures in excess of one hundred
forty degrees Fahrenheit (140°F) to any grease control device,
including grease traps and grease interceptors, is prohibited.
(6)
The use of biological additives to treat or reduce FOG or as a supplement
to interceptor maintenance, without prior authorization from the FOG
control program manager, is prohibited. Such authorization shall be
based upon evidence showing that such biological additives will not
cause or contribute to interference and/or a sewer system overflow.
(7)
Discharge of wastes from toilets, urinals, washbasins, and any other
fixtures containing fecal or other bodily waste materials to piping
which flows to a grease control device is prohibited. Except as otherwise
authorized pursuant to this chapter, the discharge of FOG wastes shall
only occur to piping which flows to a grease interceptor prior to
discharge to the sewer system.
(8)
No waste removed from a grease control device may be discharged to
the sewer system. FOG and solid materials removed from grease control
devices shall be wastehauled periodically as part of the operation
and maintenance requirements for grease interceptors or other grease
control devices.
(9)
No person shall allow the accumulation of FOG and/or solids in a
grease interceptor which accumulation exceeds 25% of the total operating
hydraulic depth of the grease interceptor.
(c)
FOG Wastewater Discharge Permit Required. No person shall discharge,
or cause to be discharged, any wastewater from a food service establishment
directly or indirectly into the sewer system without first obtaining
a FOG wastewater discharge permit pursuant to this chapter. Within
60 days of the effective date of this chapter, all food service establishments
in the city shall file an application for a FOG wastewater discharge
permit with the city on a form approved by the city administrator
for such purpose. Except for limited food preparation establishments,
which are not subject to the permit requirements of this chapter,
any person who wishes to open or operate a new food service establishment
following the effective date of this chapter shall apply for and obtain
a FOG wastewater discharge permit prior to commencement of operations.
(d)
FOG Pretreatment Required. Except as otherwise set forth in this
chapter, each food service establishment shall install, operate and
maintain an adequately sized grease interceptor necessary to maintain
compliance with this chapter. The grease interceptor shall be adequate
to separate and remove FOG contained in wastewater discharges from
the food service establishment prior to discharge to the sewer system.
Fixtures, equipment, and drain lines located in the food preparation
and cleanup areas of food service establishments that are sources
of FOG discharges shall be connected to the grease interceptor.
(1)
New Construction of Food Service Establishments. All food service
establishments which are newly constructed shall install, operate
and maintain grease interceptors prior to and following commencement
of wastewater discharges to the sewer system.
(2)
Existing Food Service Establishments.
(A)
For existing food service establishments, the requirement to install,
properly operate and maintain a grease interceptor may be conditionally
stayed, that is, delayed in its implementation, by the FOG control
program manager for a maximum period of five years from the effective
date of this chapter (five- (5) year amortization period). Terms and
conditions for application of a stay for a food service establishment
shall be set forth in the permit. The city council finds that five
years is a reasonable amortization period for existing food service
establishments that are operating without a grease interceptor.
(B)
Existing food service establishments, which have caused or contributed
to a grease-related blockage in the sewer system, or which have sewer
laterals connected to hot spots, or which have been determined to
contribute significant FOG to the sewer system by the FOG control
program manager based on inspection or sampling, shall be deemed to
have reasonable potential to adversely impact the sewer system, and
shall install and commence proper operation of grease interceptors
within 180 days upon notification by the city.
(C)
Existing food service establishments undergoing remodeling or a change in operations as defined in Section 16.24.010(b) shall be required to install a grease interceptor, except as otherwise authorized by this chapter.
(e)
Variance and Waiver of Grease Interceptor Requirement.
(1)
Variance from Grease Interceptor Requirements. A variance from the
grease interceptor requirements to allow alternative pretreatment
technology that is, at least, equally effective in controlling the
FOG discharge in lieu of a grease interceptor may be granted. Additionally,
a variance from the grease interceptor requirement may be granted
to food service establishments demonstrating that it is impossible
or impracticable to install, operate or maintain a grease interceptor,
and/or where the implementation of best management practices is as
effective as a grease interceptor in controlling FOG discharges into
the sewer system. The FOG control program manager's determination
to grant a variance shall be based upon an evaluation of the following
factors:
(A)
The availability of adequate space for installation and/or maintenance
of a grease interceptor;
(B)
The availability of an adequate slope for gravity flow between kitchen
plumbing fixtures and the grease interceptor and/or between the grease
interceptor and the private or public sewer collection lines;
(C)
Whether the food service establishment can establish that the alternative
pretreatment technology and/or implementation of best management practices
is equivalent to or better than a grease interceptor in controlling
its FOG discharge. In addition, the food service establishment must
be able to demonstrate, after installation of the proposed alternative
pretreatment, its effectiveness to control FOG discharges through
downstream visual monitoring of the sewer system by the city or by
a city-approved contractor, for at least three months, at the food
service establishment's own expense. A variance may be granted
if the monitoring demonstrates no visible accumulation of FOG from
discharges in the food service establishment's lateral and in
downstream sewer lines;
(D)
Other factors reasonably related to physical constraints in the construction
and operation of a grease interceptor or to the minimization of FOG
discharges to the sewer system.
(2)
Conditional Waiver from Installation of Grease Interceptor. A conditional
waiver from installation of a grease interceptor may be granted for
food service establishments that have been determined to have a de
minimus FOG discharge to and insignificant impact on the sewer system.
The FOG control program manager's determination to grant a conditional
waiver shall be based upon, but not limited to, evaluation of the
following conditions:
(A)
Quantity and quality of FOG discharge as measured or as indicated
by the size of food service establishment based on seating capacity,
number of meals served, menu, water usage, amount of on-site consumption
of prepared food and other conditions that may reasonably be shown
to contribute to FOG discharges;
(B)
Adequacy of implementation of best management practices and compliance
history:
(C)
Sewer size, grade, condition based on visual inspection, FOG deposition
in the sewer system by the food service establishment, and history
of maintenance and sewage spills in the receiving sewer system;
(D)
Changes in operations that significantly affect FOG discharge;
(E)
Any other condition determined by the FOG control program manager
to be reasonably related to the generation of FOG or control of FOG
discharges.
(3)
Waiver from Grease Interceptor Installation with a Grease Disposal
Mitigation Fee. For food service establishments where the installation
of a grease interceptor is impossible or impracticable and no equivalent
alternative pretreatment is feasible, a waiver from the grease interceptor
requirement may be granted by the FOG control program manager upon
the imposition of a grease disposal mitigation fee as described in
subsection (g) of this section. Additional requirements may be imposed
to mitigate the discharge of FOG into the sewer system. The FOG control
program manager's determination to grant a waiver upon imposition
of a grease disposal mitigation fee shall be based upon the following
factors:
(A)
The availability of adequate space for installation and/or maintenance
of a grease interceptor;
(B)
The availability of an adequate slope for gravity flow between kitchen
plumbing fixtures and the grease interceptor and/or between the grease
interceptor and the private or public collection lines;
(C)
Whether a variance from grease interceptor installation requirements
to allow alternative pretreatment technology can be granted;
(D)
Other factors reasonably related to physical constraints in the construction
and operation of a grease interceptor or to the minimization of FOG
discharges to the sewer system.
(4)
Application for Variance or Waiver of Requirement for Grease Interceptor.
A food service establishment may submit an application for variance
or waiver from the grease interceptor requirement to the FOG control
program manager. The food service establishment shall bear the burden
of demonstrating, to the FOG control program manager's reasonable
satisfaction, that the variance or waiver is justified by factors
listed in subsection (e) of this section. Upon determination by the
FOG control program manager that the food service establishment has
met its burden, a FOG wastewater discharge permit may be issued or
revised to include the variance or waiver.
(5)
Terms and Conditions. The issuance of a variance or waiver may be
subject to such terms and conditions that the FOG control program
manager determines are reasonably appropriate to minimize or eliminate
the discharge of FOG to the sewer system. A variance or waiver may
be revoked at any time when any of the terms and conditions for its
issuance are not satisfied or if the conditions upon which the variance
or waiver was based change so that the justification for the variance
or waiver no longer exists. Except as otherwise set forth in this
chapter, a variance or waiver shall be valid so long as the food service
establishment remains in compliance with the terms and conditions
of the variance or waiver, or until the expiration date specified
in the FOG wastewater discharge permit.
(f)
Commercial Properties. Property owners of commercial properties shall
be responsible for the installation and maintenance of the grease
interceptor serving multiple food service establishments.
(g)
Grease Disposal Mitigation Fee. A food service establishment that does not qualify for a variance or waiver, and for which establishment the installation of a grease control device or interceptor is impossible or impracticable may be required to pay an annual grease disposal mitigation fee to cover the costs of increased maintenance of the sewer system as a result of the food service establishment's inability to adequately remove FOG from its wastewater discharge. This section shall not be interpreted to allow the new construction of a food service establishment or the remodeling or change in operation of an existing food service establishment without installation of a grease control device or grease interceptor unless the city has determined that it is impossible or impracticable to install or operate a grease control device or grease control interceptor for the subject facility under the provisions of subsection (e) of this section.
(1)
The grease disposal mitigation fee shall be established by ordinance
or resolution of the city council, and shall be based on the estimated
annual cost of maintaining the sewer system for inspection and removal
of FOG and other viscous or solidifying agents attributable to the
food service establishment resulting from the lack of a grease interceptor
or grease control device.
(2)
The grease disposal mitigation fee may be waived or reduced if the
food service establishment demonstrates to the reasonable satisfaction
of the FOG control program manager that, through implementation of
best management practices and waste minimization practices, it has
reduced to a de minimus level the discharge of FOG into the sewer
system.
(3)
The grease disposal mitigation fee shall not be waived or reduced
when the food service establishment has not complied with the minimum
requirements of this chapter and/or its discharge into the sewer system
in the preceding 12 months has caused or contributed to a sewer blockage
or SSO in the sewer system.
(h)
Sewer System Overflows, Public Nuisance, Abatement Orders and Cleanup Costs. Notwithstanding the five-(5) year amortization period established in subsection (d) of this section, food service establishments which have contributed to a sewer blockage, SSO or any sewer system interference resulting from the discharge of wastewater or waste containing FOG, shall install, operate and maintain a grease interceptor, and may be required to abate such nuisance and prevent any future health hazards created by such sewer line blockage, SSO or any other sewer system interference. SSOs may threaten or cause injury to public health, safety, and welfare and are declared to be a public nuisance. Furthermore, sewer lateral failures and SSOs caused by food service establishments, alone or collectively, are the responsibility of the private property owner and food service establishment, and their respective responsible officers and/or owners. If, either at the request of a food service establishment or to abate an immediate threat of injury to the public health, safety, welfare, or property, the city acts to contain and/or clean up an SSO or the blockage of a sewer lateral or the sewer system caused by a food service establishment, the city's costs for such abatement shall be entirely borne by the property owner, operator of the food service establishment, and their respective responsible officers and/or owners, and each of them, and shall constitute a debt to the city and become due and payable upon the city's request for reimbursement of such costs.
(Ord. O-2004-07 § 1, 2004)
(a)
FOG Wastewater Discharge Permit Required.
(1)
Food service establishments proposing to discharge or which, upon
the effective date of this chapter, are discharging wastewater-containing
FOG into the city's sewer system shall obtain a FOG wastewater
discharge permit from the city.
(2)
FOG wastewater discharge permits shall be expressly subject to all
provisions of this chapter and all other regulations, charges for
use, and fees established by the city. Each permittee shall at all
times comply with the terms and condition in its FOG wastewater discharge
permit.
(3)
FOG wastewater discharge permits granted to food service establishments
by the city may be in the following forms:
(A)
Interim Permit. Upon the effective date of this chapter, all food service establishments in the city shall be subject to the conditions in a FOG wastewater discharge permit as described in this section. For a period of 18 months following adoption, all food service establishments will be granted a blanket interim permit until such time as the city's FOG control program staff inspects them. Notwithstanding the foregoing, each food service establishment shall at all times comply with the provisions of Sections 16.24.020(a) and (b), and prior to the expiration of the eighteen- (18) month interim permit period, each food service establishment shall obtain a permit pursuant to subsection (c)(2), (c)(3) or (c)(4) of this section in order to continue discharging wastewater to the sewer system upon expiration of the interim permit;
(B)
Regular Permit. A FOG wastewater discharge permit issued upon the installation of a grease interceptor as described in Section 16.24.020(d);
(C)
Variance Permit. A FOG wastewater discharge permit issued subject to implementation of best management practices, alternative pretreatment technology and/or payment of a grease disposal mitigation fee as described in Section 16.24.020 (e)(3);
(D)
Waiver Permit. A FOG wastewater discharge permit issued pursuant to Section 16.24.020(e) to a food service establishment with a de minimus FOG discharge to the sewer system.
(4)
Proper installation and maintenance of a grease interceptor and application
for a regular permit shall be the standard method of compliance with
this chapter.
(b)
FOG Wastewater Discharge Permit Application.
(1)
Any person required to obtain a FOG wastewater discharge permit shall
complete and file with the city prior to commencing or continuing
discharges to the sewer system, an application in a form prescribed
by the city. The applicable fees shall accompany the application.
The applicant shall, at a minimum, submit the following information:
(A)
Name, address, telephone number, assessor's parcel number(s)
and description of the food service establishment's operation,
cuisine, service activities, and, as applicable, clients using the
applicant's services;
(B)
(Whichever is applicable) Name, address of any and all principals/owners/major
shareholders of the food service establishment; articles of incorporation;
most recent annual statement filed with the Secretary of State; and
business license;
(C)
Name and address of property owner or lessor and the property manager
for the property where the food service establishment is located;
(D)
Any other information reasonably related to the food service establishment's
potential FOG generating or disposal operations as requested by the
FOG control program manager.
(2)
Applicants may be required to submit site and facility plans pursuant to Section 16.24.040(a) of this code.
(3)
Other information related to the applicant's business operations
and potential FOG discharge may be requested to properly evaluate
the permit application.
(4)
After evaluation of the data furnished, the city may issue a FOG
wastewater discharge permit, subject to terms and conditions designed
to meet the purposes of this chapter and as otherwise determined by
the FOG control program manager to be appropriate to protect the city's
sewer system and/or the public health and safety.
(c)
FOG Wastewater Discharge Permit Conditions. The issuance of a FOG
wastewater discharge permit may contain any of the following conditions
or limits:
(1)
Limits on discharge of FOG and other priority pollutants which may
cause or contribute to SSOs and/or sewer blockages;
(2)
Requirements for proper operation and maintenance of grease interceptors
and other grease control devices;
(3)
Grease interceptor maintenance schedule;
(4)
Requirements for implementation of best management practices and
installation of adequate grease interceptor and/or grease control
devices;
(5)
Requirements for maintaining and reporting the status of best management
practices;
(6)
Requirements for maintaining and submitting logs and records, including
wastehauling records and waste manifests;
(7)
Requirements to self-monitor the discharge to the sewer system and
periodically assess and report on the condition of the sewer lateral;
(8)
Requirements for the food service establishment to construct, operate
and maintain, at its own expense, FOG sampling facilities;
(9)
Additional requirements determined to be reasonably appropriate by
the FOG control program manager to protect the city's sewer
system or as otherwise specified by other regulatory agencies;
(10)
Other terms and conditions reasonably related to the minimization
or elimination of FOG discharges to the sewer system.
(d)
FOG Wastewater Discharge Permit Application Fee. The FOG wastewater
discharge application permit fee shall be paid by the applicant in
an amount adopted by ordinance or resolution of the city council.
Payment of the application permit fee must be received by the city
at the time of filing the application for the permit. A permittee
shall also pay any delinquent invoices in full prior to permit renewal.
(e)
Modification of FOG Wastewater Discharge Permit Terms and Conditions.
(1)
The terms and conditions of an issued permit may be subject to modification
in the determination of the FOG control program manager during the
life of the permit based on:
(A)
The discharger's current or anticipated operating data;
(B)
The city's current or anticipated operating data;
(C)
Changes in the requirements of regulatory agencies which affect the
city or sewer system; or
(D)
A determination by the FOG control program manager that such modification
is appropriate to further the objectives of this chapter.
(2)
A permittee may request a modification of the terms and conditions
of an issued permit. The request shall be in writing stating the requested
change, and the reasons for the change. The FOG control program manager
shall review the request, make a determination on the request, and
respond in writing.
(3)
The permittee shall be informed of any change in the permit limits,
conditions, or requirements at least 45 days prior to the effective
date of the change. Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
(4)
Any existing food service establishment shall, prior to commencement
of either a change in operations which may affect the discharge of
FOG to the sewer system or a remodeling project, apply for and obtain
a new or modified FOG wastewater discharge permit pursuant to this
section.
(f)
FOG Wastewater Discharge Permit Duration and Renewal. FOG wastewater
discharge permits shall be issued annually. At least 30 days prior
to the expiration of the permit, the user shall apply for renewal
of the permit in accordance with the provisions of this section.
(g)
Exemption from FOG Wastewater Discharge Permit. A limited food preparation
establishment is exempt from the requirement to obtain a FOG wastewater
discharge permit.
(h)
Nontransferability of Permits. FOG wastewater discharge permits issued
pursuant to this chapter are for a specific food service establishment,
for a specific operation, at a specific location and create no vested
rights.
(1)
No permit holder shall assign, transfer or sell any FOG wastewater
discharge permit issued pursuant to this chapter, nor use any such
permit for or on any premises or for facilities, operations or discharges
not expressly encompassed within the underlying permit.
(2)
Any permit which is transferred to a new owner, operator or facility
is void.
(i)
FOG Wastewater Discharge Permit Charge for Use. A charge to cover
all costs of the city for administering the FOG program shall be established
by ordinance or resolution of the city council.
(Ord. O-2004-07 § 1, 2004)
(a)
Drawing Submittal Requirements. Upon request by the city:
(1)
Food service establishments may be required to submit two copies
of facility site plans, mechanical and plumbing plans, and details
to show all sewer locations and connections. The submittal shall be
in a form and content acceptable to the city for review of existing
or proposed grease control device(s), the grease interceptor, monitoring
facilities, metering facilities, and operating procedures. The review
of the plans and procedures shall in no way relieve the food service
establishments of the responsibility of modifying the facilities or
procedures in the future, as necessary to produce an acceptable discharge,
and to meet the requirements of this chapter or any requirements of
other regulatory agencies;
(2)
Applicants may be required to submit site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, grease control
device(s), the grease interceptor or other pretreatment equipment
and appurtenances by size, location and elevation for evaluation;
(3)
Food service establishments may be required to submit a schematic
drawing of grease control device(s), the grease interceptor or other
pretreatment equipment, piping and instrumentation, as well as a wastewater
characterization report;
(4)
The city may require the drawings be prepared by a California Registered
Civil, Chemical, Mechanical or Electrical Engineer, as appropriate.
(b)
Grease Interceptor Requirements.
(1)
All food service establishments shall provide wastewater acceptable
to the city, under the requirements and standards established in this
chapter before discharging, directly or indirectly, to any public
sewer. Except as otherwise authorized in this chapter, any food service
establishment required to provide FOG pretreatment shall install,
operate, and maintain an adequately sized grease interceptor in accordance
with the requirements of this chapter.
(2)
Grease interceptor sizing and installation shall conform to the current
edition of the Uniform Plumbing Code. Grease interceptors shall have
a minimum of two compartments with fittings designed for grease retention.
Additional compartments may be required depending on the scope of
business operations.
(3)
The grease interceptor shall be installed at a location where it
shall be at all times easily accessible for inspection, cleaning and
removal of accumulated grease.
(4)
Access manholes, with a minimum diameter of 24 inches, shall be provided
over each grease interceptor chamber and sanitary tee. The access
manholes shall extend at least to finished grade and be designed and
maintained to prevent water inflow or infiltration. The manholes shall
also have readily removable covers to facilitate inspection, grease
removal and wastewater sampling activities.
(c)
Grease Trap Requirements.
(1)
Food service establishments may be required to install grease traps
in waste lines leading from drains, sinks, and other fixtures or equipment
where grease may be introduced into the sewer system in quantities
that can cause blockage.
(2)
Sizing and installation of grease traps shall conform to the current
edition of the California Plumbing Code.
(3)
Grease traps shall be maintained in efficient operating conditions
by removing accumulated grease on a daily basis.
(4)
Grease traps shall be maintained free of all food residues and any
FOG waste removed during the cleaning and scraping process.
(5)
Grease traps shall be inspected periodically to check for leaking
seams and pipes, and for effective operation of the baffles and flow-regulating
device. Grease traps and their baffles shall be maintained free of
all caked-on FOG and waste. Removable baffles shall be removed and
cleaned during the maintenance process.
(6)
Dishwashers and food waste disposal units shall not be connected
to or discharged into any grease trap.
(d)
Monitoring Facilities Requirements.
(1)
The city may require a food service establishment to construct and
maintain in proper operating condition at the food service establishment's
sole expense, flow monitoring, constituent monitoring and/or sampling
facilities.
(2)
The location of the monitoring or metering facilities shall be subject
to approval by the FOG control program manager.
(3)
Each food service establishment shall provide immediate, clear, safe
and uninterrupted access to the FOG control program manager or inspectors
to monitoring and metering facilities.
(4)
Food service establishments may also be required by the FOG control
program manager to submit waste analysis plans and contingency plans
to ensure proper operation and maintenance of the grease control device(s)
or grease interceptor(s).
(5)
No food service establishment shall increase the use of water or
in any other manner attempt to dilute a discharge as a partial or
complete substitute for treatment to achieve compliance with the requirements
of this chapter and the terms of an applicable FOG wastewater discharge
permit.
(e)
Requirements for Best Management Practices.
(1)
All food service establishments shall implement best management practices
in accordance with the requirements and guidelines established by
the city under its FOG control program in an effort to minimize the
discharge of FOG to the sewer system.
(2)
All food service establishments shall be required, at a minimum,
to comply with the following best management practices:
(A)
Installation of Drain Screens. Drain screens shall be installed on
all drainage pipes in food preparation areas;
(B)
Segregation and Collection of Waste Cooking Oil. All waste cooking
oil shall be collected and stored properly in recycling receptacles
such as barrels or drums. Such recycling receptacles shall be maintained
properly to ensure that they do not leak. Food service establishments
shall use licensed wastehaulers and licensed recycling facilities
to dispose of waste cooking oil;
(C)
Disposal of Food Waste. All food waste shall be disposed of directly
into the trash or garbage, and not in sinks;
(D)
Employee Training. Employees of food service establishments shall
be trained by ownership/management, upon commencement of employment
at least annually thereafter, on the following subjects:
(i)
How to "dry wipe" pots, pans, dishware and work
areas before washing to remove grease,
(ii)
How to properly dispose of food waste and solids in enclosed
plastic bags prior to disposal in trash bins or containers to prevent
leaking and odors,
(iii)
The location and use of absorption products to clean under fryer
baskets and other locations where grease may be spilled or dripped,
(iv)
How to properly dispose of grease or oils from cooking equipment
into a grease receptacle such as a barrel or drum without spilling,
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Training shall be documented and employee signatures retained
indicating each employee's attendance and understanding of the
practices reviewed. Training records shall be available for review
at any reasonable time by the FOG control program manager or an inspector;
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(E)
Kitchen Signage. Best management and waste minimization practices
shall be posted conspicuously in the food preparation and dishwashing
areas at all times.
(f)
Grease Interceptor Maintenance Requirements.
(1)
All food service establishments with grease interceptors shall comply
with the following maintenance requirements:
(A)
Grease interceptors shall be maintained in efficient operating condition
by periodic removal of the full content of the interceptor which includes
wastewater, accumulated FOG, floating materials, sludge and solids;
(B)
All existing and newly installed grease interceptors shall be maintained
in a manner consistent with a maintenance frequency approved by the
FOG control program manager pursuant to this section;
(C)
No FOG that has accumulated in a grease interceptor shall be allowed
to pass into any sewer lateral, sewer system, storm drain, or public
right-of-way during maintenance activities;
(D)
Food service establishments with grease interceptors may be required
to submit data and information necessary to establish the maintenance
frequency of grease interceptors;
(E)
The maintenance frequency for all food service establishments with
a grease interceptor shall be determined in one of the following methods:
(i)
25% Rule. Grease interceptors shall be fully pumped out and
cleaned at a frequency such that the combined FOG and solids accumulation
does not exceed 25% of the total designed hydraulic depth of the grease
interceptor. This is to ensure that the minimum hydraulic retention
time and required available hydraulic volume is maintained to effectively
intercept and retain FOG discharged to the sewer system,
(ii)
Each food service establishment with a grease interceptor shall
fully pump out and clean its grease interceptor not less than every
six months, unless sooner required by the 25% rule in subsection (f)(1)(E)(i)
of this section, or a later interval determined under subsection (f)(1)(E)(iii)
of this section,
(iii)
Grease interceptors shall be fully pumped out and cleaned every
six months when the frequency described in subsection (f)(1)(E)(i)
of this section has not been established. The maintenance frequency
may be adjusted by the FOG control program manager when sufficient
data have been obtained to establish an average frequency based on
the requirements described in subsection (f)(1)(E)(i) of this section.
The FOG control program manager may change the maintenance frequency
at any time to reflect changes in actual operating conditions. Based
on the actual generation of FOG from the food service establishment,
the maintenance frequency may increase or decrease,
(iv)
The owner/operator of a food service establishment may submit
a request to the FOG control program manager requesting a change in
the maintenance frequency at any time. The food service establishment
shall have the burden to demonstrate that the requested change in
frequency reflects actual operating conditions based on the average
FOG accumulation over time, meets the requirements described in subsection
(f)(1)(E)(i) of this section, and that it is in full compliance with
the conditions of its permit and the requirements of this chapter.
Upon determination by the FOG control program manager that requested
revision is justified, the permit may be revised accordingly to reflect
the change in maintenance frequency,
(v)
If the grease interceptor, at any time, contains FOG and/or
solids accumulation that does not meet the requirements described
in subsection (f)(1)(E)(i) of this section, the food service establishment
shall have the grease interceptor serviced immediately such that all
FOG, sludge, and other materials are completely removed from the grease
interceptor. If deemed necessary, the FOG control program manager
may also increase the maintenance frequency of the grease interceptor;
(F)
Wastewater, accumulated FOG, floating materials, sludge/solids, and
other materials removed from the grease interceptor shall be properly
disposed of off-site by wastehaulers in accordance with all applicable
federal, state and/or local laws.
(Ord. O-2004-07 § 1, 2004)
(a)
Monitoring and Reporting Conditions.
(1)
Monitoring for Compliance with Permit Conditions and Reporting Requirements.
(A)
The FOG control program manager may require periodic reporting of
the status of implementation of best management practices, in accordance
with the FOG control program.
(B)
The FOG control program manager may require visual monitoring and
reporting by the city or an approved contractor, at the sole expense
of the permittee, to observe the actual conditions of any food service
establishment's sewer lateral and sewer lines downstream.
(C)
The FOG control program manager may require reports from any food
service establishment for selfmonitoring of wastewater constituents
and potential FOG accumulation in the private sewer line and for FOG
characteristics of any permittee's operations to determine compliance
with any conditions or requirements specified in the applicable FOG
wastewater discharge permit or this chapter. Monitoring reports of
the analyses of wastewater constituents and FOG characteristics shall
be in a manner and form approved by the FOG control program manager
and shall be submitted upon request of the FOG control program manager.
Failure by the permittee to perform any required monitoring, or to
submit monitoring reports required by the FOG control program manager
shall constitute a violation of this chapter and may be cause for
the city to initiate tasks and analyses to determine the wastewater
constituents and FOG characteristics for compliance with any conditions
and requirements specified in the FOG wastewater discharge permit
or in this chapter. The permittee shall be responsible for any and
all expenses of the city in undertaking such monitoring analyses and
preparation of reports.
(D)
Other reports may be required of any food service establishment such
as compliance schedule progress reports, FOG control monitoring reports,
and any other reports deemed reasonably appropriate by the FOG control
program manager to ensure compliance with this chapter.
(2)
Record Keeping Requirements. Each food service establishment shall
be required to keep all manifests, records, receipts and invoices
relating to all cleaning, maintenance and grease removal of/from the
grease control device, and the disposal carrier and disposal site
location for no less than two years. Each food service establishment
shall, upon request, make the manifests, records, receipts and invoices
available to any city representative or inspector. These records shall
include:
(A)
A logbook of grease interceptor, grease trap or grease control device
cleaning and maintenance practices;
(B)
A record of best management practices being implemented including
employee training;
(C)
Copies of records and manifests of wastehauling of interceptor contents;
(D)
Records of sampling data and sludge height monitoring for FOG and
solids accumulation in the grease interceptors;
(E)
Records of any FOG and/or wastewater spills and records of the cleaning
of sewer laterals;
(F)
Any other information deemed appropriate by the FOG control program
manager to ensure compliance with this chapter.
(3)
Falsifying Information or Tampering with Process. It is unlawful
to make any false statement or representation on any record, report,
plan or other document that is filed with the city pursuant to this
chapter, or to tamper with or knowingly render inoperable any grease
control device, monitoring device or method or access point required
under this chapter.
(b)
Inspection and Sampling Conditions.
(1)
The FOG control program manager may inspect or order the inspection
and sample the wastewater discharges of any food service establishment
to ascertain whether the intent of this chapter is being met and the
permittee is complying with all requirements. The permittee shall
allow the city access to the food service establishment premises,
during normal business hours, for purposes of inspecting the food
service establishment's grease control devices or interceptor,
and reviewing the manifests, records, receipts and invoices relating
to the cleaning, maintenance and inspection of the grease control
devices or interceptor.
(2)
The FOG control program manager shall have the right to place or
order the placement on the food service establishment's property
or other locations as determined by the FOG control program manager,
such devices as are necessary to conduct sampling or metering operations.
Where a food service establishment has security measures in force,
the permittee shall make necessary arrangements so that representatives
of the city shall be permitted to enter without delay for the purpose
of performing their specific responsibilities.
(3)
In order for the FOG control program manager to determine the wastewater
characteristics of the discharger for purposes of determining the
annual use charge and for compliance with permit requirements, the
permittee shall make available for inspection and copying by the city
all notices, monitoring reports, waste manifests, and records including,
but not limited to, those related to wastewater generation, and wastewater
disposal without restriction. All such records shall be kept by the
permittee a minimum of two years.
(c)
Right of Entry. Representatives of a food service establishment where
wastewater is created or discharged shall allow the FOG control program
manager, or city representatives, reasonable access to all parts of
the wastewater generating and disposal facilities for the purposes
of inspection and sampling during all times the discharger's
facility is open, operating, or any other reasonable times. No person
shall interfere with, delay, resist or refuse entrance to city representatives
attempting to inspect any food service establishment involved directly
or indirectly with a discharge of wastewater to the city's sewer
system. In the event of an emergency involving actual or imminent
sanitary sewer overflow, city's representatives may access adjoining
businesses or properties that share a sewer system with a food service
establishment in order to prevent or remediate an actual or imminent
sewer overflow.
(d)
Notification of Spill.
(1)
In the event a permittee is unable to comply with any permit condition
due to a breakdown of equipment, accident, or human error or the permittee
has reasonable opportunity to know that his/her/its discharge will
exceed the discharge provisions of the applicable FOG wastewater discharge
permit or this chapter, the discharger shall immediately notify the
city by telephone at the number specified in the permit. If the material
discharged to the sewer has the potential to cause or result in sewer
blockages or SSOs, the discharger shall immediately notify the local
health department, and the city.
(2)
Confirmation of this notification shall be made in writing to the
FOG control program manager at the address specified in the permit
no later than five working days from the date of the incident. The
written notification shall state the date of the incident, the reasons
for the discharge or spill, what steps were taken to immediately correct
the problem, and what steps are being taken to prevent the problem
from recurring.
(3)
Such notification shall not relieve the permittee of any expense,
loss, damage or other liability which may be incurred as a result
of damage or loss to the city or any other damage or loss to person
or property; nor shall such notification relieve the permittee of
any fees or other liability which may be imposed pursuant to this
chapter or other applicable law.
(e)
Notification of Planned Changes. Permittees shall notify the city
at least 60 days in advance prior to any facility expansion/remodeling,
or process modifications that may result in new or substantially increased
FOG discharges or a change in the nature of the discharge. Permittees
shall notify the city in writing of the proposed expansion or remodeling
and shall submit any information requested by the city for evaluation
of the effect of such expansion on the permittee's FOG discharge
to the sewer system.
(Ord. O-2004-07 § 1, 2004)
(a)
General Procedure.
(1)
To ensure that all interested parties are afforded due process of
law and that violations are resolved as soon as possible, the general
policy of the city is that any determination relating to a notice
of violation and compliance schedule order (CSO) will be made by the
city administrator upon information provided by the FOG control program
manager or inspector, with a right of appeal by the permittee to the
city council pursuant to the procedures set forth in subsection (l)
of this section.
(2)
The city, at its discretion, may utilize any one, combination, or
all enforcement remedies provided in this section in response to any
permit violation or other violation of this chapter.
(b)
Determination of Noncompliance with FOG Wastewater Discharge Permit
Conditions.
(1)
Sampling and Inspection Procedures.
(A)
Sampling and inspection of food service establishments shall be conducted
in the time, place, manner, and frequency determined at the sole discretion
of the FOG control program manager.
(B)
Noncompliance with permit discharge conditions, or any discharge
provision of this chapter may be determined by an inspection of a
grease control device, grease interceptor and associated manifest(s)
and documentation; analysis of a grab or composite sample of the effluent
of a food service establishment; or by other information relating
to the operations of or discharge from a food service establishment.
(C)
Any sample taken from a designated sample point shall be considered
to be representative of the discharge to the public sewer.
(2)
Noncompliance Fee. Any permittee determined to be in noncompliance
with the terms and conditions specified in its permit or with any
provision of this chapter shall pay a noncompliance fee. The purpose
of the noncompliance fee is to compensate the city for costs of additional
inspection and follow-up, sampling, monitoring, laboratory analysis,
treatment, disposal, and administrative processing incurred as a result
of the noncompliance, and shall be in addition to and not in lieu
of any penalties as may be assessed pursuant to subsections (j) and
(k) of this section. Noncompliance fees shall be in the amount adopted
by ordinance or resolution of the city council.
(c)
Compliance Schedule Order (CSO).
(1)
Upon determination that a permittee is in noncompliance with the
terms and conditions specified in its permit or any provision of this
chapter, or needs to construct and/or acquire and install a grease
control device or grease interceptor, the FOG control program manager
may issue to the permittee a CSO.
(2)
The CSO may contain terms and conditions including but not limited
to requirements for installation of a grease control device, grease
interceptor and facilities, submittal of drawings or reports, audit
of waste hauling records, best management and waste minimization practices,
payment of fees, or other provisions to ensure compliance with this
chapter.
(3)
If compliance is not achieved in accordance with the terms and conditions
of a CSO during its term, the FOG control program manager may issue
an order suspending or revoking the applicable FOG wastewater discharge
permit pursuant to subsection (d) or (e) of these regulations.
(d)
Permit Suspension.
(1)
The city administrator may suspend any permit when it is determined
that a permittee:
(A)
Fails to comply with the terms and conditions of a CSO;
(B)
Knowingly provides a false statement, representation, record, report,
or other document to the city;
(C)
Refuses to provide records, reports, plans, or other documents required
by the city to determine permit terms or conditions, discharge compliance,
or compliance with this chapter;
(D)
Falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or sample collection method;
(E)
Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring;
(F)
Does not make timely payment of all amounts owed to the city for
user charges, permit fees, or any other fees imposed pursuant to this
chapter;
(G)
Causes interference, a sewer blockage, or an SSO in the sewer system;
(H)
Violates grease interceptor maintenance requirements, any condition
or limit of its FOG wastewater discharge permit or any provision of
this chapter.
(2)
When the FOG control program manager has reason to believe that grounds
exist for permit suspension, he/she shall give written notice thereof
by certified mail to the permittee setting forth a statement of the
facts and grounds deemed to exist, together with the time and place
where the charges shall be heard by the city administrator. The hearing
date shall be not less than 15 calendar days nor more than 45 calendar
days after the mailing of such notice.
(A)
At the suspension hearing, the permittee shall have an opportunity
to respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in accordance
with procedures established by the city administrator.
(B)
If the city administrator designates a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the city administrator setting forth a brief statement of
facts found to be true, a determination of the issues presented, conclusions
and a recommendation.
(C)
Upon receipt of the written report of the hearing officer or conclusion
of the hearing, if the city administrator conducts the hearing, the
city administrator shall make his/her determination and should he/she
find that grounds exist for suspension of the permit, he/she shall
issue his/her decision and order in writing within 30 calendar days
after the conclusion of the hearing. The written decision and order
of the city administrator shall be sent by certified mail to the permittee
or its legal counsel/representative at the permittee's business
address.
(3)
Effect.
(A)
Upon an order of suspension by the city administrator becoming final,
the permittee shall immediately cease and desist its discharge and
shall have no right to discharge any wastewater containing FOG directly
or indirectly to the city's sewer system for the duration of
the suspension. All costs for physically terminating and reinstating
sewer service shall be paid by the permittee.
(B)
Any owner or responsible management employee of the permittee shall
be bound by the order of suspension.
(C)
An order of permit suspension issued by the city administrator shall
be final in all respects on the sixteenth (16th) day after it is mailed
to the permittee unless a request for hearing with the city council
is filed with the city clerk pursuant to subsection (l) of this section
no later than 4:30 p.m. on the fifteenth (15th) day following such
mailing.
(e)
Permit Revocation.
(1)
The city administrator may revoke any permit when it is determined
that a permittee:
(A)
Knowingly provides a false statement, representation, record, report
or other document to the city;
(B)
Refuses to provide records, reports, plans, or other documents required
by the city to determine permit terms, conditions, discharge compliance
or compliance with this chapter;
(C)
Falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or sample collection method;
(D)
Fails to comply with the terms and conditions of a permit suspension
or CSO;
(E)
Discharges effluent to the sewer system while its permit is suspended;
(F)
Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring;
(G)
Does not make timely payment of all amounts owed to the city for
user charges, permit fees, or any other fees imposed pursuant to this
chapter;
(H)
Causes interference, a sewer blockage, or an SSO in the sewer system;
(I)
Violates grease interceptor maintenance requirements, any condition
or limit of its FOG wastewater discharge permit or any provision of
this chapter.
(2)
When the FOG control program manager has reason to believe that grounds
exist for the revocation of a permit, he/she shall give written notice
by certified mail thereof to the permittee setting forth a statement
of the facts and grounds deemed to exist together with the time and
place where the charges shall be heard by the city administrator.
The hearing date shall be not less than 15 calendar days nor more
than 45 calendar days after the mailing of such notice.
(A)
At the revocation hearing, the permittee shall have an opportunity
to respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in accordance
with the procedures established by the city administrator.
(B)
If the city administrator designates a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the city administrator setting forth a brief statement of
facts found to be true, a determination of the issues presented, conclusions
and a recommendation.
(C)
Upon receipt of the written report of the hearing officer, or conclusion
of the hearing, if the city administrator conducts the hearing, the
city administrator shall make his/her determination and should he/she
find that grounds exist for permanent revocation of the permit, he/she
shall issue his/her decision and order in writing within 30 calendar
days after the conclusion of the hearing. The written decision and
order of the city administrator shall be sent by certified mail to
the permittee or its legal counsel/representative at the permittee's
business address.
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In the event the city administrator determines to not revoke
the permit, he/she may order other enforcement actions, including,
but not limited to, a temporary suspension of the permit, under terms
and conditions that he/she deems appropriate.
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(3)
Effect.
(A)
Upon an order of revocation by the city administrator becoming final,
the permittee shall permanently lose all rights to discharge any wastewater
containing FOG directly or indirectly to the city's sewer system.
All costs for physical termination of sewer service shall be paid
by the permittee.
(B)
Any owner or responsible management employee of the permittee shall
be bound by the order of revocation.
(C)
Any future application for a permit at any location within the city
by any person associated with an order of revocation will be considered
by the city after fully reviewing the records of the revoked permit,
which records may be the basis for denial of a new permit.
(D)
An order of permit revocation issued by the city administrator shall
be final in all respects on the sixteenth (16th) day after it is mailed
to the permittee unless a request for hearing with the city council
is filed with the city clerk pursuant to subsection (l) of this section
no later than 4:30 p.m. on the fifteenth (15th) day following such
mailing.
(f)
Damage to Facilities or Interruption of Normal Operations.
(1)
Any person who discharges any waste and/or wastewater which causes
or contributes to any sewer blockage, SSO, obstruction, interference,
damage, or any other impairment to the city's sewer facilities
or to the operation of those facilities shall be liable for all costs
incurred to clean or repair the facilities together with expenses
incurred by the city to resume normal operations, including all city
overhead expenses related to the event. The total amount shall be
payable within 45 days of invoicing by the city.
(2)
Any person who discharges waste and/or wastewater to the sewer system
which causes or contributes to the city violating discharge requirements
established by any regulatory agency shall be liable for any costs
or expenses incurred by the city as a result, including but not limited
to regulatory fines, penalties, and assessments made by other agencies
or a court.
(g)
Public Nuisance. The discharge of waste and/or wastewater in any
manner in violation of this chapter or of any order issued by the
FOG control program manager or city administrator, as authorized by
this chapter, is declared a public nuisance and may be corrected or
abated as directed by the FOG control program manager or city administrator.
Any person creating a public nuisance is guilty of a misdemeanor.
(h)
Termination of Service.
(1)
The city, by order of the city administrator, may physically terminate
sewer service to any property as follows:
(A)
On a term of any order of suspension or revocation of a permit; or
(B)
Upon the failure of a person not holding a valid FOG wastewater discharge
permit to immediately cease the discharge, whether direct or indirect,
to the city's sewer facilities after the notice and process
in accordance with subsection (e)(2) of this section.
(2)
All costs for physical termination shall be paid by the owner or
operator of the food service establishment or permittee as well as
all costs for reinstating service.
(i)
Emergency Suspension Order.
(1)
The city may, by order of the city administrator, suspend sewer service
when the city administrator determines that such suspension is necessary
in order to stop an actual or impending discharge which presents or
may present an imminent or substantial endangerment to the health
and welfare of persons, or to the environment, or may cause an SSO,
sewer blockage, interference to the city's sewer facilities,
or may cause the city to violate any state or federal law or regulation.
Any discharger notified of and subject to an emergency suspension
order shall immediately cease and desist the discharge of all waste
and/or wastewater containing FOG to the sewer system.
(2)
As soon as reasonably practicable following the issuance of an emergency
suspension order, but in no event more than five business days following
the issuance of such order, the city administrator shall hold a hearing
to provide the food service establishment or permittee the opportunity
to present information in opposition to the issuance of the emergency
suspension order. Such a hearing shall not stay the effect of the
emergency suspension order. The hearing shall be conducted in accordance
with procedures established by the city administrator. The city administrator
shall issue a written decision and order within two business days
following the hearing, which decision shall be sent by certified mail
to the food service establishment or its legal counsel/representative
at that food service establishment's business address. The decision
of the city administrator following the hearing shall be final and
not appealable to the city council, but may be subject to judicial
review pursuant to subsection (n) of this section.
(j)
Civil Penalties.
(1)
All users of the city's sewer system and facilities are subject
to enforcement actions administratively or judicially by the city,
U.S. EPA, state of California Regional Water Quality Control Board
or the county of Orange. Such actions may be taken pursuant to the
authority and provisions of several laws, including but not limited
to: (1) Federal Water Pollution Control Act, commonly known as the
Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California
Porter-Cologne Water Quality Control Act (California Water Code Section
13000 et seq.); (3) California Hazardous Waste Control Law (California
Health & Safety Code Sections 25100 to 25250); (4) Resource Conservation
and Recovery Act of 1976 (42 U.S.C.A. Section 6901 et seq.); and (5)
California Government Code, Sections 54739-54740.6.
(2)
In the event the city is subject to the payment of fines or penalties
pursuant to the legal authority and actions of other regulatory or
enforcement agencies based on a violation of law or regulation or
its permits, and such violation can be established by the city as
caused by the discharge of any user of the city's sewer system
which is in violation of any provision of this chapter or the user's
permit, the city shall be entitled to recover from the user all costs
and expenses, including, but not limited to, the full amount of such
fines or penalties to which it has been subjected.
(3)
Pursuant to the authority of California Government Code Sections
54739 through 54740, any person who violates any provision of this
chapter; any permit condition, prohibition or effluent limit; or any
suspension or revocation order shall be liable civilly for a sum not
to exceed $25,000 per violation for each day in which such violation
occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C.
Section 1251 et seq., any person who violates any provision of this
chapter, or any permit condition, prohibition, or effluent limit shall
be liable civilly for a sum not to exceed $25,000 per violation for
each day in which such violation occurs. The city attorney, upon request
of the city administrator, shall petition the Superior Court to impose,
assess, and recover such penalties, or such other penalties as the
city may impose, assess, and recover pursuant to federal and/or state
legislative authorization.
(4)
Administrative Civil Penalties.
(A)
Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, the city may issue an administrative complaint
to any person who violates:
(B)
The administrative complaint shall be served by personal delivery
or certified mail on the person and shall inform the person that a
hearing will be conducted, and shall specify a hearing date within
60 days following service. The administrative complaint will allege
the act or failure to act that constitutes the violation of the city's
regulations, the provisions of law authorizing civil liability to
be imposed, and the proposed civil penalty. The matter shall be heard
by the city administrator. The person to whom an administrative complaint
has been issued may waive the right to a hearing, in which case a
hearing will not be conducted.
(C)
At the hearing, the person shall have an opportunity to respond to
the allegations set forth in the administrative complaint by presenting
written or oral evidence. The hearing shall be conducted in accordance
with the procedures established by the city administrator.
(D)
If the city administrator designates a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the city administrator setting forth a brief statement of
the facts found to be true, a determination of the issues presented,
conclusions and a recommendation.
(E)
Upon receipt of the written report of the hearing officer, or conclusion
of the hearing if the city administrator conducts the hearing, the
city administrator shall make his/her determination and should he/she
find that grounds exist for assessment of a civil penalty against
the person, he/she shall issue his/her decision and order in writing
within 30 calendar days after the conclusion of the hearing.
(F)
If, after the hearing or appeal, if any, it is found that the person
has violated reporting or discharge requirements, the city administrator
or city council may assess a civil penalty against that person. In
determining the amount of the civil penalty, the city administrator
or city council may take into consideration all relevant circumstances,
including but not limited to the extent of harm caused by the violation,
the economic benefit derived through any noncompliance, the nature
and persistence of the violation, the length of time over which the
violation occurs, and corrective action, if any, attempted or taken
by the person involved.
(G)
Civil penalties may be assessed as follows:
(i)
In an amount which shall not exceed $2,000 for each day for
failing or refusing to furnish required reports;
(ii)
In an amount which shall not exceed $3,000 for each day for
failing or refusing to timely comply with any compliance schedules
established by the city;
(iii)
In an amount which shall not exceed $5,000 per violation for
each day of discharge in violation of any waste discharge limit, permit
condition, or requirement issued, reissued or adopted by the city;
(iv)
In an amount which does not exceed $10 per gallon for discharges
in violation of any suspension, revocation, cease and desist order
or other order or prohibition issued, reissued or adopted by the city;
(H)
An order assessing administrative civil penalties issued by the city
administrator shall be final in all respects on the thirty-first (31st)
day after it is served on the person unless an appeal and request
for hearing with the city council is filed with the city clerk pursuant
to subsection (l) of this section no later than the thirtieth (30th)
day following such mailing. An order assessing administrative civil
penalties issued by the city council shall be final upon issuance.
(I)
Copies of the administrative order shall be served on the party served
with the administrative complaint, either by personal service or by
registered mail to the person at his/her/its business or residence
address, and upon other persons who appeared at the hearing and requested
a copy of the order.
(J)
Any person aggrieved by a final order issued by the city council,
after granting review of the order of the city administrator, may
obtain review of the order of the city council in the superior court,
pursuant to Government Code Section 54740.6, by filing in the court
a petition for writ of mandate within 30 days following the service
of a copy of the decision or order issued by the city council.
(K)
Payment of any order setting administrative civil penalties shall
be made within 30 days of the date the order becomes final. The amount
of any administrative civil penalties imposed shall constitute a debt
to the city.
(L)
No administrative civil penalties shall be recoverable for any violation
for which the city has recovered civil penalties through a judicial
proceeding filed pursuant to Government Code Section 54740.
(k)
Criminal Penalties. Any person who violates any provision of these
regulations is guilty of a misdemeanor, which upon conviction is punishable
by a fine not to exceed $1,000, or imprisonment for not more than
one year, or both. Each violation and each day in which a violation
occurs shall constitute a new and separate violation of this chapter
and shall be subject to the penalties contained in this chapter.
(l)
Appeals to the City Council.
(1)
Any food service establishment, permit applicant, or permittee adversely
affected by a decision, action, or determination made by the FOG control
program manager or city administrator may, prior to the date that
the city administrator's order becomes final, file with the
city clerk a written request for hearing before the city council accompanied
by an appeal fee in the amount established by a separate ordinance
or resolution of the city council. The request for hearing shall set
forth in detail all the issues in dispute for which the appellant
seeks a determination and all facts supporting appellant's request.
No later than 25 days after receipt of the request for hearing,
the city council shall either set the matter for a hearing, or deny
the request for a hearing.
A hearing shall be held by the city council within 30 days from
the date of determination granting a hearing, unless a later date
is agreed to by the appellant and the city council. If the matter
is not heard within the required time, due to actions or inactions
of the appellant, the city administrator's order shall be deemed
final.
(2)
The city council shall grant all requests for a hearing on appeals
concerning permit suspension, revocation, or denial. Whether to grant
or deny the request for a hearing on appeals of other decisions of
the city administrator shall be within the sole discretion of the
city council.
(3)
The appeal fee shall be refunded if the city council denies a hearing
or reverses or modifies, in favor of the appellant, the order of the
city administrator. The fee shall not be refunded if the city council
denies the appeal.
(4)
After the hearing, the city council shall make a determination whether
to uphold, modify, or reverse the decision, action, or determination
made by the city administrator.
The decision of the city council shall be set forth in writing
within 30 days after the close of the hearing and shall contain findings
of the facts found to be true, the determination of issues presented,
and the conclusions. The written decision and order of the city council
shall be sent by certified mail to the appellant or its legal counsel/representative
at the appellant's business address.
The order of the city council shall be final upon its adoption.
In the event the city council fails to reverse or modify the city
administrator's order, it shall be deemed affirmed.
(m)
Payment of Charges.
(1)
Except as otherwise provided, all fees, charges and penalties established
by these regulations are due and payable upon receipt of notice thereof.
Accounts shall become delinquent if not paid within 30 days of the
date of mailing, or if personally delivered, the date of delivery.
Any action for collection may include an application for an injunction
to prevent repeated and recurring violations of this chapter.
(2)
Any invoice outstanding and unpaid after 90 days shall be cause for
immediate initiation of permit revocation proceedings or immediate
suspension of the permit.
(3)
Penalties charged under this section shall not accrue to those invoices
successfully appealed, provided the city receives written notification
of the successful appeal prior to the payment due date. However, payment
of disputed charges is still required by the due date during city
review of any appeal submitted by permittees.
(n)
Judicial Review.
(1)
Pursuant to Section 1094.6 of the California Code of Civil Procedure,
the city enacts this part to limit to 90 days following final decisions
in adjudicatory administrative hearings the time within which an action
can be brought to review such decisions by means of administrative
mandamus.
(2)
"Complete record"
"Decision"
Definitions. As used in this section, the following terms and words
shall have the following meanings:
means and includes the transcript, if any exists, of the
proceedings, all pleadings, all notices and orders, any proposed decision
by the city's officers, agents, or employees, the final decision,
all admitted exhibits, all rejected exhibits in the possession of
the city or its officers, agents or employees, all written evidence,
and any other papers in the case.
means and includes adjudicatory administrative decisions
that are made after hearing, or after revoking, suspending, or denying
an application for a permit.
(3)
Time Limit for Judicial Review. Judicial review of any decision of
the city or its officer or agent may be made pursuant to Section 1094.5
of the Code of Civil Procedure only if the petition for writ of mandate
is filed not later than the ninetieth (90th) day following the date
on which the decision becomes final. If there is no provision for
reconsideration in the procedures governing the proceedings or if
the date is not otherwise specified, the decision is final on the
date it is made. If there is provision for reconsideration, the decision
is final upon the expiration of the period during which such reconsideration
can be sought; provided that if reconsideration is sought pursuant
to such provision the decision is final for the purposes of this section
on the date that reconsideration is rejected.
(4)
The complete record of the proceedings shall be prepared by the city
officer or agent who made the decision and shall be delivered to the
petitioner within 90 days after he/she has filed written request therefor.
The city may recover from the petitioner its actual costs for transcribing
and otherwise preparing the record.
(5)
If the petitioner files a request for the record within 10 days after
the date the decision becomes final, the time within which a petition,
pursuant to Section 1094.5 of the Code of Civil Procedure, may be
filed shall be extended to not later than the thirtieth (30th) day
following the date on which the record is either personally delivered
or mailed to the petitioner or the petitioner's attorney of
record, if appropriate.
(6)
In issuing a final decision, the city shall provide notice to the
party that Section 1094.6 of the Code of Civil Procedure governs the
time within which judicial review must be sought.
(7)
Notwithstanding the foregoing, and pursuant to Government Code Section
54740.6, judicial review of an order of the city council imposing
administrative civil penalties pursuant to subsection (j)(4) of this
section may be made only if the petition for writ of mandate is filed
not later than the thirtieth (30th) day following the day on which
the order of the city council becomes final.
(Ord. O-2004-07 § 1, 2004)
If any section, subsection, subdivision, sentence, clause, phrase
or word of this chapter is for any reason held to be unconstitutional
or otherwise invalid, such invalidity shall not affect the validity
of this entire chapter or any of the remaining portions of this chapter.
The city council declares that it would have adopted this chapter,
and each section, subsection, subdivision, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases or words be declared unconstitutional
or otherwise invalid.
(Ord. O-2004-07 § 1, 2004)
Pursuant to the provisions of the California Building Standards
Law, California Health and Safety Code Sections 18941.5, 17958, 17958.5
and 17958.7, the city council finds that the amendments to the State
Building Standards and Housing Laws, more particularly the California
Plumbing Code, adopted in this chapter are necessary because of climatic,
geological or topographical conditions of property in the city's
jurisdiction, and as more specifically described below.
(a)
Articles 2 and 4 modify the authority and discretion of the "Administrative
Authority" of Section 1014.1 of the 2001 California Plumbing
Code by requiring all food service establishments to install and operate
a grease control device, which may be a grease interceptor or grease
trap, if no other device, mechanism, or process is found to successfully
trap or collect or treat FOG prior to it being discharged into the
sewer system.
(b)
Section 16.24.040 of this code modifies the general maintenance requirements for grease interceptors of Section 1014.6 of the 2001 California Plumbing Code and establishes more specific maintenance requirements.
Findings for "a" and "b": The city's
topography and geography that has created the Santa Ana Watershed
and the city's proximity to the Pacific Ocean coupled with the
general waste discharge requirements imposed by the RWQCB require
the strict compliance with grease control device regulations to prevent
sewer system overflows that threaten the health and safety of the
public within the immediate vicinity of the overflow and downstream
to the local beaches.
(c)
Administrative/Procedural Amendments. Additional amendments and deletions
to the California Plumbing Code are found to be administrative or
procedural and are found to be reasonable and necessary to safeguard
life and property within the city.
(Ord. O-2004-07 § 1, 2004)
